Legal Opinion

Bernard Hawkins v. United States

Court of Appeals for the Seventh Circuit

Decided February 7, 2013No. 11-1245PublishedCited by 138 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This appeal from the denial of a motion under 28 U.S.C. § 2255 to set aside the sentence in a federal criminal case presents the question whether an error in calculating the applicable guidelines sentencing range can be corrected in a post-conviction proceeding, now that the guidelines are merely advisory rather than, as they formerly were, mandatory.

Bernard Hawkins has a long, long history of violent crimes, gun offenses, escapes, drug use, and violations of supervised release. In May 2003 he assaulted two U.S. marshals who were trying to arrest him pursuant to a bench…

2Cases cited24 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Hill v. United StatesSupreme Court of the United States · 1962
  4. United States v. AddonizioSupreme Court of the United States · 1979
  5. Schriro v. SummerlinSupreme Court of the United States · 2004

19 more not listed; retrieve them via the Exa API.

3Cited by138 opinions

  1. Royce Brown v. John F. CarawayCourt of Appeals for the Seventh Circuit · 2013
  2. Deangelo Whiteside v. United StatesCourt of Appeals for the Fourth Circuit · 2014
  3. Mark Hill v. Bart MastersCourt of Appeals for the Sixth Circuit · 2016
  4. Kevin Spencer v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
  5. United States v. Quadale ColemanCourt of Appeals for the Seventh Circuit · 2014

133 more not listed; retrieve them via the Exa API.

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